SK SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has been heard by way of video conferencing.

(2.) Present writ petition has been filed challenging the orders dated 15th January, 2020 and 23rd October, 2019 passed by the Central Administrative Tribunal (hereinafter referred to as 'CAT') in OA No.969/2018 and OA No.2630/2014 respectively. The relevant portion of the impugned order is reproduced hereinbelow:-

(3.) Learned counsel for the petitioner submits that the CAT failed to appreciate that the respondents had misinterpreted the Ministry of Finance OM dated 13th November, 2009 and failed to grant the benefits to the petitioner even though the same had been uniformly and universally applied to the incumbents and posts where on 01st January, 2006, the pre-revised scale was Rs.6500-10500 with grade pay of Rs.4200. According to him, in all such cases, the incumbents were placed in the higher grade pay of Rs.4600. He emphasises that that higher grade pay had been paid to several identically situated employees of various Ministries and Departments like Railways, LIC, FCI and CSS. He contends that as on 01st January, 2006 the petitioner was in the pay scale of Rs.6500-10500 and was thus entitled to OM dated 13th November, 2009. In support of his submission, he relies upon the judgment rendered by the High Court of Patna in Prabhas Chandra Karn and Ors. vs. The Union of India and Ors.,BH/1230/2015wherein it has been held as under:-